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11 18 13 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 18, 2013 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Commission of 10/2; City Council pro- ceedings of 11/4; Civic Center Advisory Commission of 10/28; Civil Service Commission of 11/12; Library Board of Trustees of 9/26 and update of 10/24; Safe Community Advi- sory Committee of 9/11; Zoning Advisory Commission of 11/6; Proof of Publication for City Council proceedings of 10/21; Proof of Publication for List of Claims and Summary of Revenues Month Ended 9/30. Upon motion the documents were received and filed. Notice of Claims and Suits: Scott Estal for personal injury; Nancy Freiburger for per- sonal injury; Joseph Healey for property damage; Steven Steines for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Robert Allemann for property damage; Nancy Freiburger for personal in- jury. Upon motion the documents were received, filed and concurred. Project HOPE - National League of Cities Conference Presentation: correspondence from Eric Dregne, Vice President of Strategic Initiatives for the Community Foundation of Greater Dubuque, informing the City that Project HOPE was invited to present on Re- Engage Dubuque at the National League of Cities Conference in Seattle, Washington, November 13-16, 2013. Upon motion the documents were received and filed. 1 Abstract of Votes - 2013 General Election: Dubuque County Board of Supervisors th submitting the Abstract of Votes for the General Election held the 5 day of November, 2013. Upon motion the documents were received and filed. Smarter Cities Challenge - Workforce Solutions: City Manager recommending ap- proval of the IBM Smarter Cities Challenge application to address workforce develop- ment issues. Upon motion the documents were received, filed and approved. Fiscal Year 2013 State of Iowa Annual Financial Report: City Manager recommend- ing approval of the City of Dubuque's Fiscal Year 2013 Annual Financial Report. Upon motion the documents were received, filed and approved. Gavilon Grain - Assignment of Gypsum Storage and Handling Agreement with Bene- ficial Reuse Management: City Manager recommending approval of the Assignment of the Gypsum Storage and Handling Agreement from the City of Dubuque to Gavilon Grain. Upon motion the documents were received and filed and Resolution No. 321-13 Approving the assignment of Gypsum Storage and Handling Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC was adopted. RESOLUTION NO. 321-13 APPROVING THE ASSIGNMENT OF GYPSUM STORAGE AND HANDLING AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GAVILON GRAIN, LLC. Whereas, the City of Dubuque, Iowa entered into a Gypsum Storage and Handling Agreement with Beneficial Reuse Management, LLC on July 31, 2012 for use of the City’s Salt Site; and Whereas, the City also entered into a long-term lease with Gavilon Grain, LLC on August 5, 2013, for operations on the same site; and Whereas, Gavilon Grain, LLC has requested an assignment of the Gypsum Storage and Handling Agreement with Beneficial Reuse Management, LLC from the City of Dubuque to align with their lease; and Whereas, Beneficial Reuse Management has consented to the Assignment; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the Assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby approves the Assignment of Gypsum Storage and Handling Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and directed to sign the Assignment of Gypsum Storage and Handling Agreement on behalf of the City of Dubuque. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Usha Park Parking Lot Project - Recording Memo: City Manager recommending that the award for the Usha Park Parking Lot Project to Drew Cook & Sons Excavating, Inc., 2 be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Plat of Survey - 1895 Kennedy Road: Zoning Advisory Commission requesting ap- proval of the Plat of Survey for Westview Shopping Center Place No. 4 Lots 1 and 2. Upon motion the documents were received and filed and Resolution No. 322-13 Ap- proving the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4 was adopted. RESOLUTION NO. 322-13 APPROVING THE PLAT OF SURVEY LOT 1 AND LOT 2 OF WESTVIEW SHOPPING CENTER PLACE NO. 4 Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4 in the City of Dubuque; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a pub- lic or approved private street, where street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Devel- opment Code, is waived to allow 0 feet of frontage on a public or approved private street for Lot 1 and Lot 2. Section 2. That the Plat of Survey Lot 1 and Lot 2 of Westview Shopping Center Place No. 4 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk REAP Grant Agreement for Iowa 32 Bike/Hike Trail - Phase 4: City Manager recom- mending approval of a resolution and the Fiscal Year 2014 REAP grant agreement re- lated to Phase 4 of the Iowa 32 Bike/Hike Trail along the Northwest Arterial from Hol- liday Drive to Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No. 323-13 Authorizing REAP Grant application to Iowa Depart- ment of Natural Resources for Phase 4 of the Iowa 32 Bike/Hike Trail was adopted. RESOLUTION NO. 323-13 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL 3 Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that in- cludes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that in- cludes Phase 4 of the Iowa 32 Bike/Hike Trail as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the Iowa Department of Natural Re- sources for REAP funds for Phase 4 of the Iowa 32 Bike/Hike Trail. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. nd Passed, approved and adopted this 22 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk AmeriCorps Grant Application: City Manager recommending approval of the 2014- 2015 AmeriCorps Grant application recently submitted to the Iowa Commission on Vol- unteer Service. Upon motion the documents were received, filed and approved. Dodd's River Terminal, Inc.: City Attorney submitting a Quit Claim Deed and Resolu- tion releasing all interests in certain real estate in the South Port related to Dodd's River Terminal, Inc. Upon motion the documents were received and filed. Purchase of Property - 1401 and 1421 Elm Street: City Manager recommending au- thorization for the City of Dubuque to enter into a purchase agreement with Angela Mangeno to acquire 1401-1421 Elm Street. Upon motion the documents were received and filed and Resolution No. 324-13 Approving the acquisition of real estate known as Lot 142 in East Dubuque Addition 1401-1421 Elm Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 324-13 APPROVING THE ACQUISITION OF REAL ESTATE KNOWN AS LOT 142 IN EAST DUBUQUE ADDITION 1401-1421 ELM STREET IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque, Iowa intends to acquire certain property located in the Washington Street Neighborhood Revitalization Program area; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition and an Acknowledgment of Voluntary Negotiation and Pur- chase of Property Affidavit has been executed by the owner. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described property: Lot 142 in East Dubuque Addition 1401-1421 Elm Street, in the City of Dubuque, Io- wa, according to the recorded plat thereof At the cost of Eighty Thousand and 00/100 Dollars ($80,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved and adopted this 22 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Property - 2426 Washington Street: City Manager recommending acqui- sition of property at 2426 Washington Street from Merlin and Mary Rose Reuter, author- izing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. Upon motion the documents were received and filed and Resolution No. 325-13 Approving the acquisition of real estate owned by Merlin Reuter and Mary Rose Reuter in the City of Dubuque was adopted. RESOLUTION NO. 325-13 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MERLIN REUTER AND MARY ROSE REUTER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located immedi- ately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan”; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owners of this certain real estate approached the City of Dubuque vol- untarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement and an amendment thereto have been finalized with the owners of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 5 Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described real estate: The North ½ of Lot 21 in O.S. Langworthy’s Subdivision at the cost of Sixty-Nine Thousand and 00/100 Dollars ($69,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owners, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk nd Purchase of Property - 510 East 22 Street: City Manager recommending approval nd to purchase property at 510 E. 22 Street from Anomaly on Music Row, L.C., and au- thorize acceptance of the Warranty Deed and any other related steps necessary to car- ry out the terms of the offer. Upon motion the documents were received and filed and Resolution No. 326-13 Approving the acquisition of real estate owned by Anomaly on Music Row, L.C. in the City of Dubuque was adopted. RESOLUTION NO. 326-13 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANOMALY ON MUSIC ROW, L.C. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan”; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of this certain real estate approached the City of Dubuque volun- tarily and proposed that the City of Dubuque acquire the property for possible future ad- dition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement and an amendment thereto have been finalized with the owner of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described real estate: 6 Lot 8 of Mineral Lot 314, in the city of Dubuque, Iowa, according to the recorded plat thereof at the cost of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) and reimbursements, not to exceed a total amount of One Hundred Thirty-One Thousand Dollars ($131,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owners, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Purchase of Property - 427-429 Rhomberg Avenue: City Manager recommending approval to purchase property at 427-429 Rhomberg Avenue and authorize acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. Upon motion the documents were received and filed and Resolution No. 327- 13 Approving the Acquisition of real estate owned by John P. Mihalakis and Richard L. Billmeyer, D/B/A Junie & Rich's Coin Partnership, in the City of Dubuque was adopted. RESOLUTION NO. 327-13 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN P. MIHALA- KIS AND RICHARD L. BILLMEYER, D/B/A JUNNIE & RICH’S COIN PARTNERSHIP, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located immedi- ately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan”; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owners of this certain real estate approached the City of Dubuque vol- untarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owners of the real es- tate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described real estate: 7 Lots 9 and 10 of Smedley’s Subdivision Lot 8 of Smedley’s Subdivison Lot 7 and The Ne ½ of Lot 6 of Smedley’s Subdivision and the NE 14’ 8” of Lot 2 of Lot 1 of Lot 5 of Lot 9 of Kniest’s Subdivision at the cost of One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owners, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Code of Ordinances - Adoption of Supplement No. 13: City Clerk recommending adoption of Supplement No. 13 to the City of Dubuque Code of Ordinances, which codi- fies Ordinance Nos. 19-13 through 22-13, 24-13 through 27-13, 30-13 through 35-13, and 39-13 through 48-13 as adopted by the City Council and enacted through Septem- ber 20, 2013. Upon motion the documents were received and filed and Resolution No. 328-13 Adopting Supplement No. 13 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 328-13 ADOPTING SUPPLEMENT NO. 13 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 13 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Supplement No. 13 which codifies Ordinance Nos. 19-13 through 22-13, 24-13 through 27-13, 30-13 through 35-13, and 39-13 through 48-13 passed by the City Council and enacted through September 20, 2013, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. th Passed, approved and adopted this 18 day of November, 2013. 8 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk ARC Transfer Center Phase I Project Acceptance: City Manager recommending ac- ceptance of the construction contract for the ARC Transfer Center Phase I Project, as completed by Murphy Construction. Upon motion the documents were received and filed and Resolution No. 329-13 Accepting the ARC Transfer Center Phase I Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 329-13 ACCEPTING THE ARC TRANSFER CENTER PHASE I PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the ARC Transfer Center Phase I Pro- ject (the Project) has been completed and City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Pro- ject be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Public Transit Infrastructure Grant (PTIG) for the contract amount of $244,231.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Historic Preservation Commission: Historic Preservation Commission submitting a request to appoint Commissioner Robert McDonell as a temporary commissioner for the Jackson Park Historic District due to a change in residency and until such time that a resident of the district applies and is appointed. Upon motion the documents were re- ceived, filed and approved. Citizen Correspondence: Correspondence from Dave and Anne Hartig regarding the use of engine brakes within the city limits. Upon motion the documents were received, filed and referred to the City Manager. Sixteenth Street Railroad Crossing Approach Pavement Removal and Replacement Project Acceptance: City Manager recommending acceptance of the construction con- th tract for the 16 Street Railroad Crossing Approach Pavement Removal and Replace- ment Project, as completed by Portzen Construction, Inc. Upon motion the documents 9 th were received and filed and Resolution No. 330-13 Accepting the 16 Street Railroad Crossing Approach Pavement Removal & Replacement Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 330-13 TH ACCEPTING THE 16 STREET RAILROAD CROSSING APPROACH PAVEMENT REMOVAL & REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR th Whereas, the Public Improvement Contract for the 16 Street Railroad Crossing Ap- proach Pavement Removal & Replacement Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Pro- ject has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Railroad Crossing Improvements and the Rehabilitation Railroad Tracks capital im- provement appropriation for the contract amount of $42,117.78 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2013 ACCESS RAMP INSTALLATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2013 Access Ramp Installation Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $42,117.78. th Dated this 15 day of November, 2013. /s/Robert Schiesl, Assistant City Engineer th Filed in the office of the City Clerk on the 15 day of November, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Signed Contracts: Docking license agreement with American River Transportation Co., d/b/a Artco Fleeting Service. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders – Mindframe Theaters: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Mindframe Theaters, 555 JFK Road, #105. Upon motion the documents were received, filed and approved. 10 Alcohol Compliance Civil Penalty for Alcohol License Holders – Olive Garden Italian Restaurant: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Olive Garden Italian Restaurant, 3350 Dodge Street. Upon motion the documents were received, filed and approved. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 331-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 331-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Renewals Aragon Tap 1103 Iowa Class C Liquor (Sunday) Grand Harbor Resort & Water Park 350 Bell St. Class B Liquor (Sunday) (Outdoor) (Catering) Holiday Inn Dubuque Five Flags 450 Main St. Class B Liquor (Sunday) Hotel Julien Dubuque 200 Main St. Class B Liquor (Sunday) (Outdoor) Kwik Stop Food Mart 2320 Hwy 61 Class C Beer, Class B Native Wine (Sunday) Steve's Ace Home & Garden 3350 JFK Class B Native Wine Permit (Sunday) New Skinny Maginny’s 123 S. Main St. Class C Liquor (Catering) th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by 11 law. Seconded by Jones. Motion carried 7-0. Sale of Property - West of 1895 John F. Kennedy Road: City Manager recommend- ing that a public hearing be set for December 2, 2013, for the purpose of disposing of the 1.4 acre City-owned parcel adjacent to and west of 1895 John F. Kennedy Road to Molo Oil Company. Upon motion the documents were received and filed and Resolution No. 332-13 Resolution of Intent to dispose of an interest in City-owned real property by sale to Molo Oil Company was adopted setting a public hearing for December 2, 2013 in the Historic Federal Building. RESOLUTION NO. 332-13 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO MOLO OIL COMPANY Whereas, the City of Dubuque, Iowa (City) owns the following real property (the Property): Lot 1 of Westview Shopping Center Place No.4, in the City of Dubuque, Iowa; and Whereas, City has entered into an Agreement with Molo Oil Company (Molo), a copy of which is attached hereto, to sell the Property to Molo; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Agreement with Molo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of an interest in the foregoing- described real property by sale pursuant to the Agreement between City and Molo. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of an interest in the foregoing-described real nd property, to be held on the 2 day of December, 2013, at 6:30 p.m. at the City Council th Chambers, at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor ATTEST: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone - 1822 Creek Wood Drive: Proof of publication on notice of public hearing to consider a request by Marty McNamer to rezone property at 1822 Creek Wood Drive from C-2c Neighborhood Shopping Center District with Conditions to R-3 Moderate Density Multi-Family Residential District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- 12 conded by Braig. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 52-13 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1822 Creek Wood Drive from C-2 Neighborhood Shopping Center District with conditions to R-3 Moderate Den- sity Multi-Family Residential District. Seconded by Braig. Motion carried 7-0. ORDINANCE NO. 52-13 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1822 CREEK WOOD DRIVE FROM C-2 NEIGHBOR- HOOD SHOPPING CENTER DISTRICT WITH CONDITIONS TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter-described property from C-2 Neighborhood Shopping Center District, with conditions to R-3 Moderate Den- sity Multi-Family Residential District, to wit: Lot 3 of Timber-Hyrst Estates #2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk nd Sale of Property - 317-319 East 22 Street: Proof of publication on notice of public nd hearing to consider the sale of City-owned real estate at 317-319 East 22 Street to Danielle L. Minnick and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt the Resolution No. 333-13 Approving the sale of real estate specifically 317-319 East 22nd Street. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 333-13 ND APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 317-319 EAST 22 STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in the City Council of Dubuque, Iowa, met on November 4, 2013, in the Dubuque Historic th Federal Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dis- nd pose of City-owned real estate located at 317-319 East 22 Street: Lot 1-3 Kemp’s Subdivision, in the City of Dubuque, County of Dubuque, Iowa; and 13 Whereas, a qualifying home buyer, Danielle L. Minnick, has signed an offer to pur- chase and has obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob- jections, oral and written, to the proposal to dispose of the interest of the City of Dubu- que, Iowa, in the herein and above-named real estate to the above-named grantee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: Lot 1-3 Kemp’s Subdivision, in the City of Dubuque, County of Dubuque, Iowa, ac- cording to the recorded plat thereof, at the cost of Ninety-Five Thousand Dollars ($95,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a War- ranty Deed to the buyer, conveying the City’s interest to Danielle L. Minnick for the here- in-described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby authorized and directed to forward a copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Audi- tor. th Passed, approved and adoptedthis 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Fire Station No. 4 Mechanical and Restroom Upgrade Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Fire Station No. 4 Mechanical and Restroom Upgrade Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-13 Approval of plans, specifications, form of contract, and estimated cost for the Fire Station No. 4 Mechanical and Restroom Up- grade Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 334-13 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR FIRE STATION NO. 4 MECHANICAL AND RESTROOM UPGRADE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file in the Office of the City Clerk and estimated cost for Fire Station No. 4 Mechanical and Restroom Upgrade Project, in the estimated amount $126,550.00, are hereby approved. th Passed, adopted and approved this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 14 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Sustainable Dubuque Community Grant Recommendations Round 3: City Manager recommending funding of Round 3 of the Sustainable Dubuque Community grant appli- cations. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. Motion carried 7-0. Drainage Basin Master Plan 2013 Amendment: City Manager recommending adop- tion of the 2013 Amendment to the Drainage Basin Master Plan. Motion by Jones to re- ceive and file the documents and adopt Resolution No. 335-13 Adopting the City of Dubuque 2013 Drainage Basin Master Plan Amendment. Seconded by Connors. Civil Engineers Deron Muehring and Jon Dienst responded to questions from the City Coun- cil regarding the criteria by which the alleys are chosen for permeable pavers, cost comparisons, soil conditions, slope/grade issues and assessments. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 335-13 ADOPTING THE CITY OF DUBUQUE 2013 DRAINAGE BASIN MASTER PLAN AMENDMENT Whereas, the City of Dubuque (City) is committed to developing a stormwater man- agement master plan; and Whereas, the City of Dubuque retained the firm of HDR Engineering, Inc. (HDR) to produce a drainage basin master plan; and Whereas, the City Council of the City of Dubuque adopted a drainage basin master plan authored by HDR in 2001; and Whereas, the City of Dubuque hired HDR in 2012 to amend the drainage basin mas- ter plan; and Whereas, the HDR has authored the 2013 Drainage Basin Master Plan Amendment (2013 Amendment); and Whereas, the 2013 Amendment does not replace but augments the Drainage Basin Master Plan adopted in 2001; and Whereas, the 2013 Amendment addresses flooding problems and issues in the City of Dubuque and recommends certain public improvements to implement the plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: The That the City of Dubuque 2013 Drainage Basin Master Plan Amendment prepared by HDR Engineering, Inc., is hereby adopted. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk State Flood Mitigation Grant Application: City Manager recommending approval to submit an application to the State of Iowa Flood Mitigation Program Board for $98,494,178 in state sales tax increment funding for the Bee Branch Watershed Flood 15 Mitigation Project. Motion by Braig to receive and file the documents and adopt Resolu- tion No. 336-13 Approving application for State of Iowa Flood Mitigation Program fund- ing for the Bee Branch Watershed Flood Mitigation Project; and Resolution No. 337-13 Local match resolution for the Flood Mitigation Program. Seconded by Braig. Civil Engi- neer Deron Muehring, Planning Services Manager Laura Carstens, Assistant City Man- ager Teri Goodmann, and Budget Director Jenny Larson presented a slide presentation that provided information on Dubuque’s flooding history and associated costs; water- shed hydrology; Drainage Basin Master Plan; watershed solutions and project phases; conformance with City goals, priorities, policies and initiatives; citizen advisory commit- tee; funding options, sources and funding request; partnerships; financial detail; and state sales tax increment funding; The video documenting the flood of July 2011 was presented. Staff responded to questions from City Council. Motion carried 7-0. RESOLUTION NO. 336-13 APPROVING APPLICATION FOR STATE OF IOWA FLOOD MITIGATION PROGRAM FUNDING FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT Whereas, Six Presidential Disaster Declarations have been issued for flooding, se- vere storms and tornados between 1999 and 2011 due to flash flooding; and Whereas, the Bee Branch Watershed, which includes the City of Dubuque’s most de- veloped areas where over 50% of city residents either live or work, has experienced flooding impacting thousands of properties and over seventy businesses; and Whereas, the City Council of the City of Dubuque has adopted a drainage basin mas- ter plan authored by HDR Engineering that outlines improvements collectively referred to as the Bee Branch Watershed Flood Mitigation Project; and Whereas, the State Flood Mitigation Program was created in 2012 establishing a Sales Tax Increment Fund which is to consist of state sales tax increments from im- pacted areas; and Whereas, the City of Dubuque has completed The City of Dubuque’s Iowa Flood Mit- igation Program Flood Mitigation Project Application (the Application) requesting the use of $98,494,178.00 in sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project, a copy of which Application is on file in the Office of the City Clerk; and Whereas, the Application requires that the City Council agree to provide and make available up to $76,678,802.00 in local monies to be used to meet the local match re- quirement of the State Flood Mitigation Program; and Whereas, the City must establish an authorized representative able to execute on behalf of the City of Dubuque the Bee Branch Watershed Flood Mitigation Project for the purpose of obtaining financial assistance through the State Flood Mitigation Pro- gram. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque’s Iowa Flood Mitigation Program Flood Mitigation Project Application for the State of Iowa Flood Mitigation Program state sales tax incre- ment funding for the Bee Branch Watershed Flood Mitigation Project is hereby approved. 16 Section 2. The City Manager and the City Budget Director are hereby approved to serve as authorized representatives to execute on behalf of City of Dubuque the Bee Branch Watershed Flood Mitigation Project for the purpose of obtaining financial assistance through the State Flood Mitigation Program. th Passed, approved and adopted this 18 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 337-13 LOCAL MATCH RESOLUTION FOR THE FLOOD MITIGATION PROGRAM Whereas, City of Dubuque (hereinafter called “Applicant”), County of Dubuque, has made application through the Iowa Homeland Security and Emergency Management Division (HSEMD) for funding from the Flood Mitigation Program in the amount of $200,929,536 for the total project cost. THEREFORE, the Applicant agrees to provide and make available up to $76,678,802 (seventy-six Million, six hundred seventy-eight thousand, eight hundred two dollars) of local monies to be used to meet the match requirement for this flood mitigation project application. th The resolution was passed and approved the 18 day of November, 2013. Signatures of Council or Board Members: Roy D. Buol, Mayor Karla A. Braig, Council Member Joyce E. Connors, Council Member Ric W. Jones, Council Member Kevin J. Lynch, Council Member David T. Resnick, Council Member Lynn V. Sutton, Council Member Attest: Kevin S. Firnstahl, City Clerk I submit this form for inclusion with the Flood Mitigation Project Application. /s/Michael C. Van Milligen, City Manager Special Assessments Interest Rates: City Manager recommending approval to re- duce the special assessment interest rate from 9% to 3%, creating an opportunity for property owners to pay their assessments at 3% interest over 15 years. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Braig welcomed Boy Scout Troup 48 and thanked them for attend- ing the meeting. Braig also asked for consensus from the Council for asking staff to in- vestigate ordinances regulating payday establishments and for the Environmental Stewardship Advisory Commission to provide information on fracking. Both items were referred to staff. 17 Council member Jones acknowledged Troup 48 Scout Master and Building Services Inspector Jeff Zasada and thanked the Fire Department for their efforts on the early- morning fire on Roosevelt Street. There being no further business, upon motion the City Council adjourned at 8:26 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 18